SUNIL KUMAR vs GIRDHARI LAL SHARMA

Judgment text excerpt

$~91 * IN THE HIGH COURT OF DELHI AT NEW DELHI % Date of Decision: 08.09.2025 + CM(M) 1409/2025, CM APPL. 46425/2025 & 46426/2025 SUNIL KUMAR .....Petitioner Through: Mr. Dinesh Chand Meena, Advocate versus GIRDHARI LAL SHARMA .....Respondent Through: Mr. Sandeep Mishra, Advocate with respondent in person CORAM: JUSTICE GIRISH KATHPALIA J U D G M E N T (ORAL) 1. Petitioner (defendant in the suit) has assailed order dated 05.05.2025 of the learned trial court, whereby application of the petitioner to take on record Written Statement was dismissed, and his another application under Order XVIII Rule 17 CPC also was dismissed. 2. It is explained by learned counsel for petitioner that the Written Statement filed belatedly was allowed to be taken on record subject to payment of cost, but since the cost was not paid, the Written Statement was taken off the record. Further, since on the date fixed for plaintiff’s evidence, learned counsel for defendant (present petitioner) could not appear, right to cross examine PW1 was closed. Learned counsel for petitioner submits that CM(M) 1409/2025 Page 1 of 5 pages GIRISH Digitally signed by GIRISH KATHPALIA DN: c=IN, o=HIGH COURT OF DELHI, 2.5.4.20=8401dd889b27a77b2f65ffffe4afec45569af3962c6fb4835d 435f97626cacca, ou=HIGH COURT OF DELHI,CID - 7047638, KATHPALIA postalCode=110003, st=Delhi, serialNumber=d3e86796451ec45c07b5d15570996b40f80cbd2eee Signature Not Verified 60402c487965ff801e26fa, cn=GIRISH KATHPALIA Date: 2025.09.08 18:08:19 -07'00' Digitally Signed By:NEETU N NAIR Signing Date:08.09.2025 18:35:56 the default on the said occasion was due to his personal difficulty. As regards non-payment of cost regarding condonation of delay in filing the Written Statement, it is submitted by learned counsel for petitioner that on 22.05.2024